STATE v. WILSON

Cr. No. 900220.

466 N.W.2d 101 (1991)

STATE of North Dakota, Plaintiff and Appellee, v. Donald WILSON, Defendant and Appellant.

Supreme Court of North Dakota.

February 21, 1991.


Attorney(s) appearing for the Case

Alan K. Duppler (argued), States Atty., Stanton, for plaintiff and appellee.

Rolf P. Sletten (argued), Bismarck, for defendant and appellant.


MESCHKE, Justice.

Claiming defective assistance of counsel, Donald Earl Wilson applied for post-conviction relief from a criminal conviction of delivering a controlled drug. The trial court summarily denied his application. Because there were genuine issues of material fact, we reverse and remand for an evidentiary hearing.

Despite Wilson's testimony that he bought, bagged, and delivered parsley, not marijuana, to a police informant for $100, a jury convicted...

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